Property Owning Entity is responsible under the Terms and Conditions of Sale as found on this page, and as existing on the day preceding the date of any Order placed.
All invoices are payable to Arbor in Dallas County, Texas and are due within 30 days of the invoice date unless agreed otherwise in writing. All past due invoices shall bear interest from the date the indebtedness is first incurred until paid at 18% per annum or the maximum rate allowed by law in the State where the Property is located.
Arbor shall be entitled to recover from the Property Owning Entity and its guarantors, if any, all reasonable attorney fees and costs incurred in enforcing its rights under this Agreement or defending any action filed based upon the sale of its services and products based upon this Agreement. Arbor may, in its sole discretion, charge a $650.00 Administrative Fee for pre-lawsuit collection procedures taken by Arbor, including, but not limited to sending a demand letter and/or filing a mechanic's lien. The Parties stipulate that all legal proceeding seeking to enforce or interpret the terms of this Agreement shall be brought in Tarrant County, Texas, or at Arbor's sole and absolute discretion, in any county where Arbor maintains a warehouse location in the State where the Property is located. This Agreement shall be governed by and construed in accordance with the laws of the State where venue has been sought by Arbor, without regard to its conflict of law principles. The Owning Entity and its guarantors, if any, stipulate and agree to submit to personal jurisdiction in the State where such an action is brought by Arbor.
This general warranty policy supersedes any other warranties contained in plans or specifications on which a quotation or proposal for the Arbor may be based and cannot be expanded without the prior and specific written consent of Arbor, signed by an Officer or Manager. Arbor shall have no obligation to perform under the terms of this warranty provision as long as the Owning Entity is in default (including, but not limited to the payment of any amount allowed to be charged) under this Agreement. For products and materials sold or used by Arbor, Arbor's only obligation will be to assign the Owning Entity all transferable warranties made by the manufacturers or suppliers of materials to Arbor. ARBOR MAKES AND GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IT IS EXPRESSLY UNDERSTOOD THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED WITH RESPECT TO ANY AND ALL GOODS, MATERIALS OR SERVICES FURNISHED BY ARBOR. Arbor does not guaranty that the Goods it sells conform to any plans and specifications or intended use. When plans and specifications are involved, the Owning Entity or other person to whom Arbor is selling its products and services is solely responsible for verifying that Arbor's products and services will be accepted on any specific job. When Arbor offers substitute products or services on any proposal, the Owning Entity and/or other person to whom Arbor is selling its products and services is solely responsible for verifying that Arbor's products and services will be accepted on any specific job. No repair of products or other costs are assumed by Arbor unless agreed to, in advance, in writing.
Arbor shall not, under any circumstances and for any reason whatsoever, be liable for special or consequential damages, including, but not limited to damages or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods, delays, or claims asserted by the Owning Entity or by parties in contract with the Owing Entity. The remedy of the Owning Entity or said parties in contract with the Owing Entity set forth herein is exclusive, and the liability of Arbor with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the sale, delivery, resale, installation or use of any products sold, whether arising out of any contract, negligence, strict tort, or under any warranty, is so limited. In the event the limitations or exclusions from liability are contrary to applicable law, any damages based upon strict tort, or under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE ALTERED EXCEPT IN A WRITING SIGNED BY A MANAGER OR OFFICER OF ARBOR. THIS AGREEMENT SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE STATE WHERE PROPER VENUE HAS BEEN SOUGHT. IN ANY LEGAL PROCEEDINGS BROUGHT THE PARTIES WAIVE TRIAL BY JURY.
Arbor Contract Carpet, Inc. • AZ 281539, 281540 CA 751793 NV 0081466, 0081573
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
The materials on Arbor's website are provided "as is". Arbor makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Arbor does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Arbor or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Arbor's Internet site, even if Arbor or a Arbor authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Arbor's website could include technical, typographical, or photographic errors. Arbor does not warrant that any of the materials on its website are accurate, complete, or current. Arbor may make changes to the materials contained on its website at any time without notice. Arbor does not, however, make any commitment to update the materials.
Arbor has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Arbor of the site. Use of any such linked website is at the user's own risk.
Any claim relating to Arbor's website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a website.
Arbor • AZ 281539, 281540 CA 751793 NV 0081466, 0081573
For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and email address after visitors log into our secure server. We collect the domain name and email address(where possible) of visitors to our Web page, the email addresses of those who post messages to our bulletin board, the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).
The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Website, shared with agents or contractors who assist in providing support for our internal operations, used by us to contact consumers for marketing purposes, disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website, to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Website.
If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above, emailing us at the above address.
Persons who supply us with their telephone numbers online may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us email at the above address, or by calling us at the above telephone number. Please provide us with your name and phone number. We will be sure your name is removed from the list we share with other organizations.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses, we will post the policy changes to our Website to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Website periodically.Customers may prevent their information from being used for purposes other than those for which it was originally collected by emailing us at the above address, calling us at the above telephone number.
Upon request we provide site visitors with access to financial information (e.g., credit card account information) that we maintain about them, unique identifier information (e.g., customer number or password) that we maintain about them, contact information (e.g., name, address, phone number) that we maintain about them. Consumers can access this information by email us at the above address, write to us at the above address.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information, financial information, transaction information. Consumers can have this information corrected by sending us email at the above address or by calling us at the above telephone number.
If you feel that this Website is not following its stated information policy, you may contact us at the above addresses or phone number.
Arbor Contract Carpet, Inc.• AZ 281539, 281540 CA 751793 NV 0081466, 0081573